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• dollars, whichever is greater. <br />(b) Failure to file a required return by the due date shall <br />also constitute a Class III misdemeanor. Payment of the civil <br />penalty under subsection (a) above shall not constitute a defense <br />to the criminal charae. The commissioner's designee may obtain a <br />misdemeanor warrant for any person, firm or corporation <br />reasonably believed to have failed to file a return when <br />required. <br />(c) The commissioner may waive the civil penalty only in <br />those cases where, in the commissioner's sole judgment, the <br />failure to file a timely return was not the fault of the <br />taxpayer. Notwithstanding the foregoing, no such penalty shall <br />be imposed on any return for late filing in the taxable year <br />1986. <br />(d) The commissioner may grant an extension of the filing <br />date of up to 90 days to any taxpayer who requests such extension <br />on or before January 31, provided a list of such extensions shall <br />be maintained by the commissioner. <br />Sec. 10-18.6. Statutory assessments. <br />• If a taxpayer, liable for taxes on tangible personal <br />property or machinery and tools, neglects or refuses to file a <br />return for such property within the time prescribed, the <br />commissioner shall determine the fair market value of such <br />property from the best information available and assess the same <br />for taxes pursuant to section 58.1-3519 of the Code of Virginia <br />1950, as amended. <br />Sec. 10-18.7. Preparation of property books. <br />Based on the returns filed and such statutory assessments <br />as may be necessary, the commissioner shall prepare property <br />books, in the form prescribed by the state department of <br />taxation, showing the assessed value of all taxable tangible <br />Personal property and machinery and tools and the taxes levied <br />thereon. The initial version of such books shall be presented to <br />the city treasurer not later than May 5 of each tax year. The <br />commissioner may thereafter prepare such supplements to the book <br />as may be necessary and forward them to the treasurer. <br />Approved by Council <br />November 18, 1985 <br />�S A -*L C- (' F <br />C c o Council— <br />• <br />85-7-43 <br />11 <br />